Hi, I am a business and have a rental agreement until 8/2010. Towards the end of last year I have been only making partial payments because my business sales has been down. I asked my landlord to reduce my rent and he has refused. I owe $13000 which includes my February rent.
My busiest times are next week and in May and I feel I will be able to catch up. They are serving me a three day notice this Friday. They say they will work with me but never give me any options but pay in full on time.
How long can I stay in the store before they bring the police (or whatever they do) to evict me.
I have used all my saving and credit cards to get me this far.
Thanks for your help.
2 Answers from Attorneys
After the 3-day notice expires, the landlord will have to file a lawsuit. You will be served with a Summons and Complaint in unlawful detainer. Once served you have 5 days to respond to the Summons and Complaint by filing an answer.
(a) If you fail to file an answer the landlord will ask the court to enter your default and a default judgment against you. Once the court issues its judgment, the sheriff or process server will seve what is known as a "Writ of Possession" on you. You will then have 5 days, excluding Saturdays, Sundays, and holidays within which to vacate the premises. At the expiration of that 5 day period the sheriff will arrive at your door and remove you from possession.
(b) If you file an answer within the 5 day period after being served with the Summons and complaint, a trial date will be set either at the landlord's request or by the court (depending upon what county your business is in). Unlawful detainer trials are generally set no more than 30-60 days after an answer has been filed.
Do you run a flower shop? It depends on how hard they push, but you also dont want to spend money fighting the inevitable. I could make a call to the landlord at a very reasonable rate and maybe buy you some time.
Daniel Bakondi, Esq. [email protected] 415-450-0424
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